International Brotherhood of Electrical Workers Local No. 683 Pension Trust v. Advantage Enterprises, Inc.

813 F. Supp. 592, 1993 U.S. Dist. LEXIS 8402, 1993 WL 42255
CourtDistrict Court, S.D. Ohio
DecidedFebruary 8, 1993
DocketNo. C2-92-588
StatusPublished
Cited by2 cases

This text of 813 F. Supp. 592 (International Brotherhood of Electrical Workers Local No. 683 Pension Trust v. Advantage Enterprises, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
International Brotherhood of Electrical Workers Local No. 683 Pension Trust v. Advantage Enterprises, Inc., 813 F. Supp. 592, 1993 U.S. Dist. LEXIS 8402, 1993 WL 42255 (S.D. Ohio 1993).

Opinion

OPINION AND ORDER

BECKWITH, District Judge.

The plaintiffs in this case are two ERISA multiemployer plans, the Pension Trust and the Annuity Trust (the “Trusts”) for the International Brotherhood of Electrical Workers Local No. 683 (the “IBEW Local”). They filed this action against Advantage Enterprises, Inc. d/b/a Advantage Electric, Inc. (“Advantage”) and its surety, The Aetna Casualty and Surety Company (“Aetna”) under the Labor Management Relations Act, 29 U.S.C. § 185(a) and ERISA, 29 U.S.C. §§ 1132(a)(3), (d)(1), (e)(1) and 1145 to collect delinquent contributions allegedly owed under a collective bargaining agreement, the Inside Construction Agreement. The Trusts also seek interest, liquidated damages, attorneys’ fees and costs under the relevant ERISA provisions. Advantage and Aetna have moved for summary judgment on the issue of whether, under the Agreement, any contributions are owed. For the following reasons, the Court will grant summary judgment to the defendants.

I.

Summary judgment is not a substitute for a trial when facts material to the Court’s ultimate resolution of the case are in dispute. It may be rendered only when appropriate evidentiary materials, as described in Fed.R.Civ.P. 56(c), demonstrate the absence of a material factual dispute and the moving party is entitled to judgment as a matter of law. Poller v. Columbia Broadcasting Systems, Inc., 368 U.S. 464, 82 S.Ct. 486, 7 L.Ed.2d 458 (1962). The moving party bears the burden of demonstrating that no material facts are in dispute, and the evidence submitted must be viewed in the light most favorable to the nonmoving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.ES.2d 142 (1970). Additionally, the Court must draw all reasonable inferences from that evidence in favor of the nonmoving party. United States v. Diebold, Inc., 369 U.S. 654, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962). The nonmoving party does have the burden, however, after completion of sufficient discovery, to submit evidence in support of any material element of a claim or defense on which that party would bear the burden of proof at trial, even if the moving party has not submitted evidence to negate the existence of that material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). It is with these standards in mind that the instant motion must be decided.

II.

Advantage entered into an Inside Construction Agreement (the “Agreement”) with the IBEW Local. The Agreement, effective from June 1, 1989 to May 31, [594]*5941992, obligated Advantage to make periodic fringe benefit contributions on behalf of covered employees to the National Electrical Benefit Fund (the “NEBF”), the Local Union Health and Welfare Plan, the Apprenticeship Fund, and the two plaintiff ERISA funds, described in the Agreement as the Local Union Pension Fund and Supplemental Retirement Plan.

In May, 1990, Advantage hired three employees, Stephen Inman, Daniel Tangeman II, and James May. From their dates of hire through May 31, 1991, Advantage made contributions to the NEBF and the Health and Welfare Plan on their behalf, but made no payments .for them into the Trusts. When these employees were hired, employee information sheets were completed indicating their classification as “apprentice” or “first year apprentice.” At the bottom of one of these sheets, the one pertaining to Mr. May, the. folio wing notation appears: “No dues — per Local 683 (Doris). H & W — NEBF—ÑECA. No Pension or Annuity to Apprenticeship.”

Once these employees began to receive earnings, Advantage included their hours on its fringe benefit reports filed with the various plans and the union. On those reports, it consistently indicated their status as “unindentured.” For example, the May, 1990 report status on the first page, “256 hours for unindentured not applicable for pension/annuity.” Subsequent reports clearly show either that no pension contributions were being made for these three employees, or that their hours were- being subtracted because they were unindentured. According to Advantage, it was requested to use the “unindentured” classification by Dan Rankin, whom Advantage identifies as a Local 683 accountant, but who the Trusts state is an actuary for the Trusts.

In May 1991, Inman, Tangeman and May signed union dues authorization cards, becoming union members. Relevant provisions of the Agreement were amended effective June 1, 1991, and beginning that month, Advantage also began making fringe benefits contributions on these employees’ behalf to the Trusts.

In July 1992, the Trusts filed suit against Advantage and Aetna, its surety, to collect $10,509.09 in delinquent payments that Advantage allegedly owed for hours worked by the three employees in question between May, 1990 and May, 1991. In its motion for summary judgment, Advantage argues that the three employees were “unindentured first year apprentices” prior to June 1991 and as such, under the Agreement, Advantage had no duty to- make fringe benefit contributions on behalf of them to the Trusts. Alternatively, Advantage’s position is that, even if the three employees are considered indentured, the Agreement, by an express provision, imposed no obligation on Advantage to make contributions for them to the Trusts.

In rebuttal, the Trusts claim that the Agreement sets forth no category of employee called “unindentured first year apprentices.” It is the Trusts’ position that the three employees were simply first year apprentices and as such, the Agreement obligated Advantage to make contributions to the Trusts on their behalf. In support of this contention, the Trusts cite other express provisions of the Agreement. As multiemployer plans, the Trusts seek relief from this Court under the relevant provisions of ERISA.

III.

In their complaint, the Trusts invoke the jurisdiction of this Court under 29 U.S.C. §§ 1145 and 1132. Section 1145 imposes upon an “employer who is obligated to make contributions to a multiemployer plan” a statutory duty, in addition to any contractual obligation, to “make such contributions in accordance with the terms and conditions of such plan or such agreement.” 29 U.S.C. § 1145 (1988).

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Bluebook (online)
813 F. Supp. 592, 1993 U.S. Dist. LEXIS 8402, 1993 WL 42255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-brotherhood-of-electrical-workers-local-no-683-pension-trust-ohsd-1993.